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[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Proposed Rules]
[Pages 64038-64041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26806]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / 
Proposed Rules

[[Page 64038]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD]
RIN 2120-AA64

Airworthiness Directives; CPAC, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to all CPAC, Inc. (type certificate formerly held by 
Commander Aircraft Corporation, Gulfstream Aerospace Corporation, and 
Rockwell International) Models 112, 112B, 112TC, 112TCA, 114, 114A, 
114B, and 114TC airplanes. The existing AD currently requires a one-
time inspection of the elevator spar for cracks and, if any crack is 
found, either replace with a serviceable elevator spar that is found 
free of cracks or repair/modify the elevator spar with an FAA-approved 
method. That AD also requires reporting to the FAA the results of the 
inspection. Since we issued that AD, using the data collected through 
the reporting requirement, we have determined there is a need for 
continued inspections. This proposed AD would require repetitive 
inspections of the elevator spar for cracks and, if any crack is found, 
either replace with a serviceable elevator spar that is free of any 
cracks and/or corrosion or repair/modify the elevator spar with an FAA-
approved procedure. We are proposing this AD to correct the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by December 1, 
2011.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Senior Aerospace 
Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport 
Road, Room 100, Wichita, Kansas 67209; phone: (316) 946-4155; fax: 
(316) 946-4107; e-mail: t.n.baktha@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1128; 
Directorate Identifier 2011-CE-031-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On March 28, 2011, we issued AD 2011-07-13, amendment 39-16650 (76 
FR 18376, April 4, 2011), for all CPAC, Inc. (type certificate formerly 
held by Commander Aircraft Corporation, Gulfstream Aerospace 
Corporation, and Rockwell International) Models 112, 112B, 112TC, 
112TCA, 114, 114A, 114B, and 114TC airplanes. That AD requires a one-
time inspection of the elevator spar for cracks and, if any crack is 
found, either replace with a serviceable elevator spar that is found 
free of cracks or repair/modify the elevator spar with an FAA-approved 
method. That AD also requires reporting to the FAA the results of the 
inspection. That AD was prompted by reports of a total of nine elevator 
spar cracks across seven of the affected airplanes, including a crack 
of 2.35 inches just below the outboard hinge of the right-hand 
elevator. We issued that AD to prevent structural failure of the 
elevator spar due to such cracking, which could result in separation of 
the elevator from the airplane with consequent loss of control.

Actions Since Existing AD Was Issued

    We considered AD 2011-07-13, amendment 39-16650 (76 FR 18376, April 
4, 2011), an interim action while we evaluated the data submitted from 
the reports of the one-time inspection to determine if repetitive 
inspections are necessary and if a terminating action could be 
implemented.
    Since we issued AD 2011-07-13, amendment 39-16650 (76 FR 18376, 
April 4, 2011), using the data collected through the reporting 
requirement, we have determined that there is a need for continued 
repetitive inspections.
    The data indicated that approximately 25 percent of the airplanes 
inspected have cracked elevator spars, with Model 114 airplanes 
indicating almost 46 percent of the airplanes having cracks. There does 
not appear to be a clear correlation between the discovery of a crack 
and hours time-in-service (TIS) on the airplane.
    Therefore, the data indicate that cracks are very prevalent and 
could appear on any airplane regardless of the hours TIS. Thus, we were 
unable to determine terminating action to address the unsafe condition. 
The continued repetitive inspections will help us understand the root 
cause of the

[[Page 64039]]

cracking and develop a terminating action.

Relevant Service Information

    We have included in this proposed AD procedures for removing the 
elevator and inspecting the forward and aft sides of the right-hand and 
left-hand elevator spar web at and around the elevator outboard hinge 
bracket area.
    We have approved an alternative method of compliance (AMOC) to AD 
2011-07-13 that offers an alternative method of inspection. You may 
find this AMOC at regulations.gov, Docket No. FAA-2011-0302 and Docket 
No. FAA-2011-1128.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2011-
07-13, amendment 39-16650 (76 FR 18376, April 4, 2011), and make the 
one-time inspection repetitive.

Interim Action

    We consider this proposed AD interim action. We continue to 
evaluate the reported data and repair procedures to determine a 
possible terminating action. Based on this determination, we may 
initiate further rulemaking action if needed to address the unsafe 
condition identified in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 773 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the elevator spar.......  8 work-hours x $85 per               N/A            $680        $525,640
                                         hour = $680.
----------------------------------------------------------------------------------------------------------------

    Currently, there is no FAA-approved repair/modification for a 
cracked elevator spar. Further flight is prohibited until the repair/
modification is submitted to the FAA and FAA-approved. Therefore, at 
this time, the FAA has no way of determining the costs associated with 
the repair/modification of cracks found in the elevator spar.
    We estimate the following costs to do any replacement that would be 
required based on the results of the proposed inspection. We have no 
way of determining the number of aircraft that might need this 
replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                       Labor cost per elevator        Parts cost per       Cost per product per
               Action                            spar                  elevator spar           elevator spar
----------------------------------------------------------------------------------------------------------------
Replace cracked elevator spar with   Up to 16 work-hours x $85    May range from $100 to  May range from $1,460
 a serviceable elevator spar.         per hour = $1,360.           $1,000.                 to $2,360.
Replace cracked elevator spar with   Up to 16 work-hours x $85    $1,250................  $2,610.
 a new elevator spar.                 per hour = $1,360.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2011-07-13, amendment 39-16650 (76 FR 18376, April 4, 2011), and 
adding the following new AD:

CPAC, Inc. (Type Certificate Formerly Held by Commander Aircraft 
Corporation,

[[Page 64040]]

Gulfstream Aerospace Corporation, and Rockwell International): 
Docket No. FAA-2011-1128; Directorate Identifier 2011-CE-031-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by December 1, 
2011.

(b) Affected ADs

    This AD supersedes AD 2011-07-13, amendment 39-16650 (76 FR 
18376, April 4, 2011).

(c) Applicability

    This AD applies to CPAC, Inc. (type certificate formerly held by 
Commander Aircraft Corporation, Gulfstream Aerospace Corporation, 
and Rockwell International) Models 112, 112B, 112TC, 112TCA, 114, 
114A, 114B, and 114TC airplanes, all serial numbers, certificated in 
any category. Type Certificate No. A12SO does not include Models 
112A and 115. The Model 112A is a Rockwell ``marketing name'' for 
the Model 112. The Model 115 is a Rockwell ``marketing name'' for 
the Model 114. Since they are type-certificated as Model 112 and 
Model 114, this AD is applicable to the Models 112A and 115.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of a total of nine elevator spar 
cracks across seven of the affected airplanes, including a crack of 
2.35 inches just below the outboard hinge of the right-hand 
elevator. We are issuing this AD to prevent structural failure of 
the elevator spar due to such cracking, which could result in 
separation of the elevator from the airplane with consequent loss of 
control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)

    Within the next 5 hours time-in-service (TIS) after April 4, 
2011 (the effective date retained from AD 2011-07-13), visually 
inspect the left-hand (LH) and right-hand (RH) elevator spar behind 
and around the outboard hinge bracket on the elevator spar for 
cracks. Do the inspection following the procedures specified in 
paragraph (j) of this AD or by FAA-approved procedures for the 
inspection in an alternative method of compliance (AMOC) to AD 2011-
07-13. You may find this AMOC at regulations.gov, Docket No. FAA-
2011-0302 and Docket No. FAA-2011-1128. If cracks are found during 
this inspection, take the necessary corrective actions specified in 
paragraph (k) of this AD.

(h) Reporting Requirement Retained From AD 2011-07-13, Amendment 39-
16650 (76 FR 18376, April 4, 2011)

    Report the results of the inspection required in paragraph (g) 
of this AD to the FAA, Wichita Aircraft Certification Office (ACO), 
Attn: T.N. Baktha, Senior Aerospace Engineer, 1801 Airport Road, 
Room 100; Wichita, Kansas 67209; phone: (316) 946-4155; fax: (316) 
946-4107; e-mail: t.n.baktha@faa.gov. Include the following 
information:
    (1) Airplane model and serial number.
    (2) Hours TIS at time of inspection.
    (3) Annotate any cracking found, including the exact location 
and length of any cracks.
    (4) Any installations, repairs, modifications, etc. that have 
been done on your airplane in the elevator spar area or that could 
have affected the elevator spar.
    (5) Type of operation primarily flown in.

(i) Repetitive Inspection Requirement

    As a result of the inspection required in AD 2011-07-13, 
amendment 39-16650 (76 FR 18376, April 4, 2011), or the inspection 
required in paragraph (g) of this AD, if the elevator spar was:
    (1) Replaced with a new elevator spar, within the next 300 hours 
TIS after the replacement visually inspect the elevator spar behind 
the outboard hinge bracket and surrounding area for cracks. 
Repetitively inspect thereafter at intervals not to exceed 12 months 
or 150 hours TIS, whichever occurs first. Do the inspection 
following the procedures specified in paragraph (j) of this AD or by 
FAA-approved procedures for the inspection in an AMOC to AD 2011-07-
13. You may find this AMOC at regulations.gov, Docket No. FAA-2011-
0302 and Docket No. FAA-2011-1128.
    (2) Replaced with a serviceable elevator spar (one that was in 
service before and had no cracks and/or corrosion), within the next 
150 hours TIS after the replacement, visually inspect the elevator 
spar behind the outboard hinge bracket and surrounding area for 
cracks. Repetitively inspect thereafter at intervals not to exceed 
12 months or 150 hours TIS, whichever occurs first. Do the 
inspection following the procedures specified in paragraph (j) of 
this AD or by FAA-approved procedures for the inspection in an AMOC 
to AD 2011-07-13. You may find this AMOC at regulations.gov, Docket 
No. FAA-2011-0302 and Docket No. FAA-2011-1128.
    (3) Found free of cracks, within the next 150 hours TIS after 
the inspection, visually inspect the elevator spar behind the 
outboard hinge bracket and surrounding area for cracks. Repetitively 
inspect thereafter at intervals not to exceed 12 months or 150 hours 
TIS, whichever occurs first. Do the inspection following the 
procedures specified in paragraph (j) of this AD or by FAA-approved 
procedures for the inspection in an AMOC to AD 2011-07-13. You may 
find this AMOC at regulations.gov, Docket No. FAA-2011-0302 and 
Docket No. FAA-2011-1128.

(j) Inspection Procedures

    (1) Disconnect the elevator trim pushrod at the trim tab.
    (2) Remove the hinge bolts at the horizontal stabilizer points.
    (3) Remove six screws and two bolts at the inboard end of the 
elevator and remove the elevator.
    (4) Remove all fasteners common to the elevator outboard aft end 
rib, part number (P/N) 44330, and elevator skin, P/N 44323.
    (5) Remove the remaining two fasteners common to the elevator 
outboard aft end rib (P/N 44330) and the elevator spar, P/N 44211.
    (6) Remove the elevator aft end rib, P/N 44330, to gain access 
to the aft side of the elevator spar.
    (7) Remove the four bolts, washers, and nuts that secure the 
outboard elevator hinge bracket, P/N 44285.
    (8) Remove elevator hinge bracket, P/N 44285, from the elevator 
spar.
    (9) Clean in and around the location of the elevator outboard 
hinge bracket, outboard elevator hinge, and the outboard elevator 
hinge bracket (as applicable) on the elevator spar and visually 
inspect for cracks. Use a 10X magnifier to facilitate the detection 
of any crack.

(k) Corrective Actions

    (1) If cracks are found during any inspection required in 
paragraphs (g), (i)(1), (i)(2), or (i)(3) of this AD, before further 
flight, either replace the elevator spar with a new spar or a 
serviceable spar that is found free of cracks and/or corrosion or 
repair/modify the elevator spar following a procedure approved for 
this AD by the FAA, Wichita ACO. After taking corrective action, 
continue with the repetitive inspections required in paragraphs 
(i)(1), (i)(2), or (i)(3);
    (2) Reassemble the elevator assembly, rebalance the elevator, 
and reinstall on the airplane following standard repair practices. 
Ensure elevator rigging is within tolerance, and that the system 
operates with ease, smoothness, and positiveness appropriate to its 
function; and
    (3) After taking corrective action, continue with the repetitive 
inspections required in paragraphs (i)(1), (i)(2), and (i)(3) of 
this AD.

(l) Special Flight Permit

    Special flight permits are permitted with the following 
limitations when cracks are found in the elevator spar: daytime 
visual flight rules (VFR) only, restricted to crew, calm weather, 
reduced speed not to exceed 111 knots calibrated air speed (KCAS), 
and not to exceed 5 flight hours.

(m) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction Act unless that 
collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC

[[Page 64041]]

20591, Attn: Information Collection Clearance Officer, AES-200.

(n) AMOCs

    (1) The Manager, Wichita ACO, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
ACO, send it to the attention of the person identified in the 
Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved previously in accordance with AD 2011-07-13, 
amendment 39-16650 (76 FR 18376, April 4, 2011), are approved as 
AMOCs for the corresponding requirements in paragraph (j) of this 
AD.

(o) Related Information

    For more information about this AD, contact T.N. Baktha, Senior 
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, 
Wichita, Kansas 67209; phone: (316) 946-4186; fax: (316) 946-4107; 
e-mail: t.n.baktha@faa.gov.

    Issued in Kansas City, Missouri, on October 11, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-26806 Filed 10-14-11; 8:45 am]
BILLING CODE 4910-13-P
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